9911796707
TMI Blog2024 (8) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... eport belatedly with the mala fide intention to evade tax cannot be sustained. In clause (iii) of paragraph 5, the Assessing Officer concluded that the plea that the return of income and audit report could not be filed in time due to severe low back pain of the assessee appears to be a fabrication to mislead the penalty proceedings. In support of the submission that the assessee suffered lower back pain, the impugned order discloses that photocopies of the doctor's prescription was provided. Once again, in view thereof and in view of the factual position with regard to the return of income, this conclusion cannot be sustained. Thus, the order impugned calls for interference because speculative findings contrary to the facts on record we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was submitted only after issuance of notice under Section 148 of the Income-tax Act with the mala fide intention of evading taxes is contrary to the factual position. By pointing out that the petitioner made full disclosure of gross income and paid the entire tax liability by way of deduction of tax at source, learned counsel submitted that the finding in the impugned order calls for interference. Similarly, with regard to the finding recorded at clause (iii) of paragraph 5, learned counsel submitted that it was necessary for the petitioner to co-ordinate with his auditor for purposes of filing the audit report. She further submitted that the conclusion that the ill health of the petitioner was a fabrication is untenable and warrants inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for reasonable cause. 7. In paragraph 5 of the impugned order, it is recorded as under: (i)As per the assessment order passed in this case, the assessee had failed to upload his audit report for the year ended 31.03.2018 within the time limit as prescribed in the Income Tax Act, 1961. As such, the assessee has defaulted in uploading the audit report as per provisions of section 44AB of the I.T. Act, 1961. (ii)The assessee has furnished in his reply dated 31.05.2023 stating that he was suffering severe pain over lower back since August 2018, after the diagnosis IVDP L4-5 with left sided radiculitis and doctor advised him to take complete bed rest for six weeks. For this the assessee has uploaded zerox copies of doctor's prescription da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961. 8. In clause (ii) of paragraph 5, the Assessing Officer concluded that the filing of the tax audit report belatedly shows the mala fide intention of the assessee to evade tax on his income. In view of the fact that the gross income disclosed by the assessee was accepted subsequently by the Assessing Officer and the total tax liability shown in such return was also accepted, the conclusion that the assessee filed the tax audit report belatedly with the mala fide intention to evade tax cannot be sustained. In clause (iii) of paragraph 5, the Assessing Officer concluded that the plea that the return of income and audit report could not be filed in time due to severe low back pain of the assessee appears to be a fabrication to misle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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